SUBCHAPTER C
CRIMINAL PROCEEDINGS
Sec.
5551. No limitation applicable.
5552. Other offenses.
5553. Summary offenses involving vehicles.
5554. Tolling of statute.
Prior Crimes and Offenses. Section 25(c) of Act 142 of 1976 provided that the period of limitations specified
in Act 142 with respect to crimes and offenses shall not apply to crimes and offenses
committed before the effective date of Title 18 (Crimes and Offenses) and the prior
statutes of limitation are hereby continued in force as to such crimes and offenses.
Cross References. Subchapter C is referred to in section 7507.1 of Title 18 (Crimes and Offenses).
§ 5551. No limitation applicable.
A prosecution for the following offenses may be commenced at any time:
(1) Murder.
(2) Voluntary manslaughter.
(3) Conspiracy to commit murder or solicitation to commit murder if a murder results from
the conspiracy or solicitation.
(4) Any felony alleged to have been perpetrated in connection with a murder of the first
or second degree, as set forth in 18 Pa.C.S. § 2502(a) or (b) and (d) (relating to
murder).
(5) A violation of 75 Pa.C.S. § 3742 (relating to accidents involving death or personal
injury) or 3732 (relating to homicide by vehicle) if the accused was the driver of
a vehicle involved in an accident resulting in the death of any person.
(6) A violation of 18 Pa.C.S. § 2702(a)(1), (2), (4) or (7) (relating to aggravated assault)
if the accused knew the victim was a law enforcement officer and the law enforcement
officer was acting within the scope of the officer's duties.
(7) An offense under any of the following provisions of 18 Pa.C.S. (relating to crimes
and offenses), or a conspiracy or solicitation to commit an offense under any of the
following provisions of 18 Pa.C.S. if the offense results from the conspiracy or solicitation,
if the victim was under 18 years of age at the time of the offense:
Section 3011(b) (relating to trafficking in individuals).
Section 3012 (relating to involuntary servitude) as it relates to sexual servitude.
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual assault).
Section 3123 (relating to involuntary deviate sexual intercourse).
Section 3124.1 (relating to sexual assault).
Section 3124.2 (relating to institutional sexual assault).
Section 3125 (relating to aggravated indecent assault).
Section 4302 (relating to incest).
(Oct. 5, 1980, P.L.693, No.142, eff. 60 days; Dec. 14, 1984, P.L.986, No.199, eff.
60 days; Dec. 19, 1984, P.L.1089, No.218, eff. imd.; Apr. 5, 1990, P.L.113, No.27,
eff. 60 days; July 17, 2007, P.L.123, No.37, eff. 60 days; Nov. 26, 2019, P.L.641,
No.87, eff. Nov. 26, 2019)
2019 Amendment. Act 87 added par. (7). See sections 9 and 10(1) of Act 87 in the appendix to this
title for special provisions relating to severability and applicability.
2007 Amendment. Act 37 amended the entire section. Section 5 of Act 37 provided that the addition
of par. (6) which provides for a new statute of limitations for certain violations
of 18 Pa.C.S. § 2702(a)(1), (2), (4) or (7) shall apply to such aggravated assaults
committed after the effective date of section 5.
Cross References. Section 5551 is referred to in sections 5552, 8522, 8542 of this title.
Notes of Decisions
Cited in
28
cases (
13 in the last 5 years), 1990–2026 · leading case:
Commonwealth v. Smith, 17 A.3d 873 (Pa. 2011).
Commonwealth v. Smith, 17 A.3d 873 (Pa. 2011).
· cites it 2× “14, 1984), codified at 42 Pa.C.S. § 5551. [15] At the time of Appellant's trial this instruction, the Accomplice Testimony instruction 4.”
Holloway v. Horn, 161 F. Supp. 2d 452 (E.D. Pa. 2001).
· cites it 5× “42 Pa. Cons.Stat. § 5551. 110 Petitioner offers six subclaims in support of his two main claims.”
Commonwealth v. Spanier, 192 A.3d 141 (Pa. Super. Ct. 2018).
· cites it 3× “; see also 42 Pa.C.S. § 5551(4). Ultimately, the defendant was acquitted of the murder but convicted of several other crimes, including arson endangering persons, arson endangering property, risking a catastrophe, and cruelty to animals.”
Commonwealth v. Scher, 803 A.2d 1204 (Pa. 2002).
· cites it 2× “1995) ("Rights guaranteed by the Fifth Amendment are not incorporated into the Fourteenth where ... such rights, if they exist, can be asserted directly under the Fourteenth Amendment").”
Commonwealth v. Holloway, 739 A.2d 1039 (Pa. 1999).
· cites it 2× “Statute of Limitations Claims Appellant next contends that he should not have been convicted of criminal conspiracy and possession of an instrument of crime because those charges were barred by the statute of limitations.”
Commonwealth v. Snyder, 713 A.2d 596 (Pa. 1998).
· cites it 2× “[5] Because the trial court erred when it held that there was no requirement to consider the Commonwealth's reasons for postponing the filing of charges, we reverse the Order of the Superior Court and remand this case to the trial court.”
In Re: Payne, J., III Appeal of: Com. of Pa, 129 A.3d 546 (Pa. Super. Ct. 2015).
“On December 14, 1984[,] 42 Pa.C.S. § 5551 was amended to provide that if a murder occurred then there is no statute of limitations regarding a conspiracy charge.”
Commonwealth v. Wright, 865 A.2d 894 (Pa. Super. Ct. 2004).
“See: 42 Pa.C.S. § 5551. Therefore, the approach which more closely meets the standard of due process is the one taken by the trial court in Snyder, and accepted by this tribunal, specifically, that the defendant bears the initial burden of demonstrating actual prejudice…”
Commonwealth v. Hilfiger, 615 A.2d 452 (Pa. Super. Ct. 1992).
· cites it 2× “See, 42 Pa.C.S. §§ 5551 & 5552. There is simply little reason to treat leaving the scene of an accident the same as the many felony charges that currently are governed by the two year statute.”
City of Phila. v. J.S., Aplts. (Pa. 2026).
· cites it 5× “See 42 Pa.C.S. § 5551. Subsection (7) provides that “[a] prosecution … may be commenced at any time [for]: (7) An offense under any of the following provisions of 18 Pa.”
— 42 Pa. Cons. Stat. § 5551(3) — 1 case
Holloway v. Horn, 161 F. Supp. 2d 452 (E.D. Pa. 2001).
“42 Pa. Cons.Stat. § 5551. 110 Petitioner offers six subclaims in support of his two main claims.”
— 42 Pa. Cons. Stat. § 5551(4) — 3 cases
Commonwealth v. Spanier, 192 A.3d 141 (Pa. Super. Ct. 2018).
“; see also 42 Pa.C.S. § 5551(4). Ultimately, the defendant was acquitted of the murder but convicted of several other crimes, including arson endangering persons, arson endangering property, risking a catastrophe, and cruelty to animals.”
— 42 Pa. Cons. Stat. § 5551(7) — 10 cases
City of Phila. v. J.S., Aplts. (Pa. 2026).
“See 42 Pa.C.S. § 5551. Subsection (7) provides that “[a] prosecution … may be commenced at any time [for]: (7) An offense under any of the following provisions of 18 Pa.”
Annotations are extracted automatically from the opinions in the
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